Posted by Ray Haynes at 12:00 am on Dec 18, 2008 Comments Off on A Dangerous Precedent
This is not the first time the Democrats have tried to raise
taxes on a majority vote, and, guess what, on most occasions in the
past they have been successful in their efforts.
Let’s start with Sinclair Paint. In that case, the Supreme
Court authorized the passage of an assessment on all paint
manufacturers for child health programs on a majority vote.
The bill received no Republican votes, yet the tax was passed and
collected, challenged in court, and the tax was legitimized by Ron
George and the California Supremes. The Court’s reasoning was
this: Paint manufacturers put lead in the paint 50 years ago,
lead paint affected the health of some children, therefore a fee on
paint manufacturers (even if those manufacturers did not make lead
paint) for all children’s health programs (even if those health
issues are not related to lead-based paint health problems) is a
fee, not a tax, because it is assessed to remedy a problem created
by the people upon whom the fee is assessed. Using this
logic, quite frankly, almost any tax could be justified as a
fee.
Another example–the so-called revenue neutrality rule adopted by
the Legislative… Read More